1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The summary of the Plaintiff’s assertion is the owner of the construction of a new building of D kindergarten and private teaching institute located in Osan-si (hereinafter “the instant construction”). The Defendant awarded a contract for the instant construction to Mob Construction Co., Ltd. (hereinafter “E”), and the Mob Construction awarded a contract for the construction of the instant construction to F, under the trade name of “E” (hereinafter “the instant construction”). The Plaintiff supplied the said F with labor supply contract with the content that the Plaintiff supplied labor workers for the instant damp construction and that the F would pay labor costs.

Since then, Mob Construction is proceeding with the instant construction

When suspending the shortage of funds, and F (E) has waived the instant damping construction, the original contractor of the instant construction and the Defendant, the owner of the instant construction, continued to complete the instant damping construction, agreed to directly pay KRW 50 million to the Plaintiff at service cost, such as labor cost, after the completion of the instant construction (after completion of the completion of the instant construction) (hereinafter “instant agreement”).

The Plaintiff continued to complete the instant construction work in accordance with the instant agreement, and even though the instant construction was completed and the preservation registration was completed on August 28, 2013 for the said kindergarten building, the Defendant did not pay the Plaintiff the amount of KRW 50 million under the agreement so far, and thus, sought payment of KRW 50 million and damages for delay.

2. Therefore, we examine whether the Defendant agreed to pay the service cost of KRW 50 million to the Plaintiff upon completion of the instant damping construction, and the evidence No. 4-1 (Agreement) submitted by the Plaintiff as evidence to support the above agreement is merely written with the Plaintiff’s signature and seal, and the Defendant’s signature and seal are not written.